CA5 on Padilla: U.S. v. Urias-Marrufo

CA5 on Padilla: U.S. v. Urias-Marrufo

"Defendant Ana Victoria Urias-Marrufo (“Urias”) appeals from the district court’s denial of her motion to withdraw her guilty plea. Following that denial, the district court entered a final judgment of conviction and sentenced her to imprisonment of 37 months. We vacate and remand. Urias has lived in Odessa, Texas since 1993. She is not a citizen of the United States but obtained permanent resident status in 1996 when she was eight years old. ... We hold that when a Padilla claim is sufficiently presented during a motion to withdraw a plea, both legally and factually, a district court errs in failing to address the claim. Moreover, if the court finds that a Padilla violation occurred, that finding compels the court to permit the defendant to withdraw the guilty plea." - U.S. v. Urias-Marrufo, Feb. 28, 2014.  [Hats off to Steve Spurgin of Marfa, Texas!]